Tractate Beitza (Yom Tov):
Chapter 4

Regulations concerning the carrying and handling of
things on the festival

MISHNA: If one has to transport jars of wine from one place to another
(on a festival) he must not carry them in a basket or a case, but on
the shoulder, or in his hand in front of his person. The same is the
case when he has to carry straw; he must not put the bundle on the shoulder
behind, but must carry it in his hand. One may commence to take a heap
of straw (for fuel), but not of stacks of wood in an unused yard behind
the house.

GEMARA: A Boraitha taught: If it is impossible to change the manner
usual on week-days, it may be done as ordinarily.

Rabha has ordered in Mehuzah as follows: "A heavy burden which a man
carries on a week-day with great trouble, if he has to bear it on a
festival, he may carry it with the help of a Rigla (a long, crooked
pole for bearing burdens), and though it is also heavy and a trouble,
it is a change of the manner, on weekdays. And what one man carries
on week-days with the help of a Rigla, two men shall carry. The
burden which two men carry on a pole on their shoulders, they shall
carry on a festival with the hand, and what is carried with the hand,
shall on the festival be carried with a cloth." All this shall be done,
if possible; but if it is impossible, it shall be carried as usually,
because the Master said: If it is impossible to change the manner it
is allowed.

Rabha bar R. Hanin said to Abayi: A Mishna teaches: It is prohibited
to clap with the hands, strike on the hips, and to dance on a festival.
And in our time we see people do so, and we do not say to them anything.
And he answered: And according to your theory, come and see the women
who take their cans and go and stand at the gates of the entry, which
is also prohibited, and we say nothing to them (Would you also blame
us for this?). This is not so (because it is a rule). Let Israel do things unintentionally rather than intentionally (i.e.,
they were sure that if it was told to them, they would not listen, and
to preserve them from conscious transgression, they keep silence). And
there is no difference in such a case between a biblical and a rabbinical
prohibition. Because the adding from the eve of the Day of Atonement
to the Day of Atonement (about half an hour) is biblical, nevertheless
we see women eating and drinking till dark, and we say nothing.

"But not of stacks of wood," etc. R. Kahana said: From this
it may be inferred that we must not commence to take of a whole store
(stock storehouse), because it is "designated." Then it would be according
to R. Jehudah, who holds the theory of Muktzah. How then would be explained
the beginning of the Mishna, that one may begin to take of a heap of
straw, that would be according to R. Simeon, who does not hold the theory
of Muktzah? The Mishna refers to spoiled straw (which is no longer fit
for food of animals). But it may yet be used for bricks? It refers to
a case when there were thistles (or thorns) in the straw.

MISHNA: Wood may not be taken from a booth, but the pieces lying by
may be used.

GEMARA: R. Hyya bar Joseph taught before R. Johanan the following Boraitha:
Wood must not be taken from a booth, but only the pieces lying near
it. R. Simeon, however, permits it. But all agree that from a booth
made for the Festival of Tabernacles it must not be taken then.
If the booth was made conditionally, all must be done according to the
condition.

It has been said: R. Simeon permits it. But did he not demolish a tent?
Said R. Na'hman bar Itz'hak: The case is when the tent is already demolished,
or so weak as to fall down soon, so that even on the preceding
day he had the intention to take wood of it.

The Boraitha states: If the booth was made conditionally, etc. Can
then a condition affect it? Did we not learn in Succah (p. 10), that
R. Shesheth said in the name of R. Aqiba: that the wood of the Succah
is prohibited in all the seven days at all events? This part of the
Boraitha means an ordinary booth, not a tabernacle.

MISHNA: One may bring wood from the field when it is a stack, and from
a wood-shed, even of the dispersed pieces of wood. What is called a
wood-shed? If it is near the city. So is the decree of R. Jehudah. R.
Jose, however, said, If there is a door which can be locked, even if
it is within the legal limit.

GEMARA: R. Jehudah said in the name of Samuel: Wood may be brought
only from the stacks that are in the wood-shed, but not dispersed pieces.
Did not our Mishna teach that from a wood-shed may be taken even dispersed
pieces? The Mishna is only according to an individual Tana, but the
other sages differ from it. Rabha said: Leaves of a vineyard or of branches,
although they are gathered and lie together, because by a wind they
may be dispersed, are to be considered as dispersed already, and may
not be used. But if one had put a heavy thing on them the preceding
day, they may be used.

"What is called a wood-shed," etc. The schoolmen propound a
question: Did the Mishna mean both? Did it mean that it is near the
city and has a door, and R. Jose comes to teach if it has a door it
is enough, if it is not near the city, but within the legal limit, or
when it has no door, even near to a city, also not? Come and hear: Because
R. Jose teaches that if it can be entered through a door, and the door
can be locked, it is allowed even within the legal limit, we may infer
that R. Jose decides in both cases leniently. Said R. Sala in the name
of R. Jeremiah: The Halakha prevails according to R. Jose, leniently.

MISHNA: It is not permitted to cut wood from new beams, even from an
old beam that was broken on the festival; neither may wood be cleft
with an axe, or saw, or bite-hook, but with a chopping-knife only.

GEMARA: Has not the first part of the Mishna said that we must not
cut wood at all? Said R. Jehudah in the name of Samuel: The Mishna is
not completed, and must be read thus: It is not allowed to cut from
a pile of logs, neither from a beam that was broken on the festival;
but from a beam that was broken the preceding day. And when they cut
it, they shall not do it with an axe, etc. The same we have learned
in the following Boraitha: One may not cut wood from a pile of beams,
nor from a beam broken on the festival, because they are not considered
prepared while it is yet day.

"But with a chopping-knife only." Said R. Hinna bar Salmia in
the name of Rabh: It is only with the side of the blade used for chopping
wood, but with the broad side wherewith one can cleave beams, it is
not allowed. 1

MISHNA: A house filled with fruits, if a hole was made, it is allowed
to take fruit through this hole. R. Meir, however, said one may make a
hole in the house, to commence with, for the purpose of taking the fruit.

GEMARA: Why so? Is he not demolishing a tent? Said R. Nehuma bar Adda
in the name of Samuel: The Mishna refers to a house of bricks without
mortar. R. Zera said: R. Meir allowed this only on a festival, but not
on Sabbath. The same we have learned plainly in a Boraitha. Samuel said:
If the doors of the cellars are tied with ropes, one may untie; but
he may not untwist the ropes themselves, nor cut them off. When, however,
with such ropes vessels were tied, he may untwist them and cut them
off, and there is no difference between Sabbath and a festival in this
case.

An objection was raised from the following Boraitha: If the doors of
the cellars are tied with ropes, on Sabbath, one may untie, but he may
not untwist the ropes themselves, nor cut them off. On a festival, however,
all this is allowed? The Boraitha is according to R. Meir, who allows
this on a festival to commence with, but I say according to the rabbis.
But did the rabbis differ with R. Meir that if the doors of the cellars,
etc.? Have we not learned in another Boraitha, that the sages agree
with R. Meir concerning this case? Samuel holds with another Boraitha
which stated differently.

MISHNA: It is not permitted to make a cavity in a lump of potter's
clay for the purpose of using it as a lamp, because a utensil is thereby
formed; neither may charcoal be made on a festival, nor the wick of
a lamp be cut in two. R. Jehudah says: With fire it may be done.

GEMARA: Who is the Tana who holds that when a hole is made in such
a lump it is called a utensil? Said R. Joseph: That is R. Meir (who
states so in Tract Kelim).

The rabbis taught: One must not make a hole in a lump of clay to use
it as a lamp, nor plates used by rustics (who are not particular about
fine china, but use them as soon as made, before they have been hollowed
out and baked in fire). 1 R. Simeon b. Gamaliel, however, allows it.

"Neither may charcoal be made," etc. Is this not self-evident?
What use can one make on that day of charcoal? Taught R. Hyya: The Mishna
refers to those who need the charcoal for an olearius on this
day (i.e., a machine to heat oil to be fit for the body and clothes).
Is it allowed then to take a bath on this day? As Rabha had explained
in another place that it was allowed to go to sweat before it was prohibited,
so also can this Mishna be explained to mean sweating, before the prohibition
was made (see Sabbath, pp. 71, 72).

"Nor the wick of a lamp," etc. Why is it not allowed to do it
with a knife? Because he makes of it a utensil (i.e., he makes
two out of one). Is not the same with fire? Taught R. Hyya: R. Jehudah
meant to say that the ends shall be placed in two lamps, and shall be
separated by burning the middle part, (and he only kindles the lamps).

R. Nathan bar Abba said in the name of Rabh: One may snuff a wick on
the festival. Bar Qappara taught: Six things were said about a wick:
three rigorously and three leniently. Rigorously: One must not commence
to braid the wick, nor singe, nor cut it in two; and leniently: One
may twist it with the hand, soak in oil, and make two wicks by
burning the middle part. R. Nat an bar Abba in the name of Rabh said
again: The rich men of the Babylonians are among those who descend to
Gehenna; as it once happened Sabathai bar Merenus came to Babylon and
asked them to support him in some business, and they did not; and he
asked that they should feed him at least, and they also refused. Then
he said: They are descendants of the "mixed multitude," as it is written
[Deut. xiii. 18]: "And grant thee mercy, and have mercy upon thee."
From this we infer that whosoever has mercy for creatures, he is surely
of the children of Abraham our father, but whosoever has not mercy for
creatures, it is certain he is not. The same says again in the name
of the same authority: Whosoever is dependent upon the table of his
neighbor, the whole world is dark for him. As it is written [Job xv.
23]: "He wandereth abroad for bread, (saying), Where is it? he knoweth
that there is ready at his hand the day of darkness." R. Hisda said:
His life is no life at all.

The rabbis taught: There are three men whose lives are not counted
as lives at all: He who is dependent on the table of his neighbor; he
whose wife dominates over him; and he who has bodily suffering. According
to others, he who has no more than one shirt.

MISHNA: One may not break pieces of earthenware, nor cut paper for
the purpose of roasting salted fish on it. Ashesfrom the oven or hearth may not be removed, but they may be moved
to one side. Two barrels must not be brought near each other, to place
a pot on them over the fire, nor may a piece of wood be used to support
a pot, nor a door. Cattle may not be driven on the festival with a stick;
but R. Eliezer b. Simeon permits it.

GEMARA: Why so? Because he produces thereby utensils.

"Ashes of the oven," etc. R. Hyya b. Joseph taught in the presence
of R. Na'hman that if it is not possible to bake in the oven unless
one removes the ashes, one may do so. It happened to the wife of R.
Hyya that half a brick from the wall of the oven fell down into the
oven on a festival. Said R. Hyya to her: See to its removal, because
I like to have good bread. Rabha said to his servant: Roast for me a
duck, and see that it shall not be singed. Said Rabina to R. Ashi: We
were told by R. Aha of Hutzl that the Master's servants, when the oven
is closed, smear it with clay on the festival. And he answered: We live
near the River Euphrates, where clay is ready at hand. The case is,
when he makes a sign on the clay on the previous day. Said Rabina: To
knead ashes, it is permitted (because they cannot keep for a long period).

"Nor may a piece of wood," etc. The rabbis taught: A pot must
not be supported with a piece of wood nor a door, because wood is prepared
only for fuel. R. Simeon, however, allows this. Cattle must not be driven
with a stick, but R. Eliezer the son of R. Simeon permits it. Shall
we assume that R. Eliezer holds with his father, that no theory of Muktzah
exists? Nay, he is more lenient than his father; for his father would
assent that they must not be driven with a stick, because it seems as
if they are taken to the market.

Hizra (Abhazar in Arabic), R. Na'hman prohibited to use for the purpose
of roasting on it meat; but R. Shesheth permits it. If it was dry, all
agree it is permitted; they differ only when it is wet yet. Whosoever
prohibits it, does it because it is not fit for fuel, and whosoever
permits it, does it because in a great fire this also can be used. The
Halakha, however, prevails thus: That a dry one is allowed, but not
a wet one.

Rabha lectured: A woman shall not enter a wood-shed to take a crooked
piece of wood for a poker; and if a poker was broken on the festival,
it must not be burned, because fire may be made with vessels, but not
broken vessels (Sabbath, p. 270). Shallwe assume that Rabha holds with R. Jehudah regarding the theory
of Muktzah? Did not Rabha say to his servant: Roast me a duck, and throw
the entrails to the cat? With the entrails it is different; because,
as they become putrified he made up his mind the day before that they
must be given to the cat.

MISHNA: Rabbi Eliezer says: One may take a splinter from the wood lying
near him to clean his teeth with, and gather in the yard small pieces
of wood, and burn them, because whatever is in the yard may be considered
as prepared for the festival. But the sages allow one to pick up only
those pieces that lie near him, and only to burn them. Fire may not
be produced on the festival from wood, stones, dust or earth, or from
water; nor may one heat tiles to broil food on them.

GEMARA: R. Jehudah said: To food fit for cattle the law of making a
utensil does not apply (e.g., to take straw or other fodder of
cattle, and break it for cleaning the teeth, or so, is permitted; because,
being fit for cattle, it may be handled, etc.).

R. Kahana objected him: We have learned that branches of spice-trees
may be handled to enjoy the odor, and to fan with them a sick man. One
may grind, also, to produce an agreeable odor; but one must not
break them for the purpose of enhancing the odor. If he did so, he is
not liable to a sin-offering; but if he broke them for the purpose of
cleaning the teeth with them, he is liable. And he answered: If the
Boraitha had said that one may not break them for the purpose of cleaning
the teeth, it would be a great difficulty to me; much more, when it
says he is liable to a sin-offering for it. The Boraitha must be incomplete
and must be stated thus: He may grind with his hand for the purpose
of odor; he may break them for this purpose, but the case is only when
they are yet soft. But when they are already hard, he shall not break
them. If he did so, however, he is not culpable, although it is prohibited;
but if he broke for the purpose of cleaning the teeth, he is liable
to a sin-offering.

In one Boraitha we have learned, he may break it in order to smell
it, and in another one--that he must not break it for this purpose?
Said R. Zera in the name of R. Hisda: It presents no difficulty. The
Boraitha which allows it means when they are soft, and the other one,
when they are dry. R. A'ha bar Jacob opposed: Why shall dry ones not
be allowed? Did not a Mishna (Sabbath, p. 332) state: One may break
open a cask to cut dry figs therefrom, etc.? Furthermore: Rabha and
Rabbin, the sons of R. Adda, both say: When we were at the house of
R. Jehudah,he used to break twigs
off a spice-tree, and give us sticks of the same, although the sticks
were so large that they could be used for an axe or a spade handle.
Therefore we must say that of the two Boraithas (mentioned above) one
is according to R. Eliezer and one according to the rabbis of the following
Boraitha: "R. Eliezer said: One may take a splinter from the wood lying
near him to clean his teeth with; but the sages say: He can take it
only from a manger. All agree that he shall not break it off, and if
he did so, to clean the teeth or to open the door with it, if unintentionally
on a Sabbath, he is liable to a sin-offering, and if intentionally on
a festival, he is liable to the punishment of stripes. So is the decree
of R. Eliezer. The sages, however, say: In both cases he is free, because
this is only a Shbuth (Sabbath-rest, rabbinically)." Now, the
Boraitha which states that he must not break it off is in accordance
with R. Eliezer, who says there that he is liable to a sin-offering;
and the Boraitha which states that he may do so is in accordance with
the rabbis, who say there that he is free, even if he broke it off for
the purpose of cleaning his teeth. Here, however, when it is for the
purpose of smelling, it is allowed to commence with. But does not R.
Eliezer hold what is stated in the above Mishna, that one may break
open a cask, etc.? Said R. Ashi: According to R. Eliezer, the Mishna
must be explained that the cask was cemented with resin, and it is impossible
to use it afterwards as a vessel.

"And gather in the yard." The rabbis taught: He may gather in
the yard and burn, because all things that are in the yard are considered
as prepared, provided he does not make of them heaps. R. Simeon, however,
permits even this. On what point do they differ? One holds that if he
makes heaps, it seems as if he prepared them for the day subsequent
to the festival; but the other holds that his pot proves that it is
for to-day.

"Fire may not be produced," etc. Why so? Because to produce
a new thing is not lawful.

"One may not heat tiles," etc. What labor is that? Said Rabba
bar bar Hana in the name of Rabbi Johanan: The Mishna refers to
new tiles, that must be examined as to whether they can stand fire.
According to others, it is a labor because they must be heated long,
until they become hard.

The rabbis taught: New ovens or hearths are considered as ordinary
vessels that may be handled in the yard; but they must not be anointed
with oil, nor cleaned with a wet cloth, nor cooledin cold water to harden it. But if all this should be done only
for the purpose of baking on that day, it is allowed.

The rabbis taught: The head and the feet of an animal may be scalded,
also singed. The hair may be removed by fire, but not with lime, clay,
or earth; nor must it be cut off with scissors. Herbs must not be cut
out with the same scissors with which they are usually detached from
the ground. But one may prepare χιναρα
(artichoke) and thistle and bake in a large oven, and water may be formed
in an "antikhi" (a kind of kettle: see Sabbath, p. 74). A new large
oven, however, must not be heated on the festival, because it may burst.

The rabbis taught: One must not blow bellows, but one may blow through
a pipe. A spit must not be sharpened and fixed (for the purpose of roasting).

The rabbis taught: A cane must not be splintered for the purpose of
roasting salted fish. A nut, however, may be cracked through a piece
of cloth, without fear lest that the latter be torn.

MISHNA: R. Eliezer said again: In a Sabbatical year a man may place
himself on the eve of Sabbath at the place where figs or raisins are
kept, and say: From there I will take to-morrow. But, according to the
sages, he must point out the exact spot, and say: I will take from this
point to that point.

GEMARA: In a Mishna (Maasroth, Chap. IV., 2) it is stated: If children
had saved dates from the eve of Sabbath and forgot to separate the tithe,
when the Sabbath is over they must not eat them until the tithe is separated.
Also in another Mishna (ibid. III., 1): If one passed dates through
his yard to dry them, his household may eat of them moderately. Now,
Rabba asked R. Na'hman: Does the Sabbath fix the time for separating
tithe even from things the labors belonging to which are not finished
yet? Shall we assume that because it is written [in Is. lviii.]: "Thou
shalt call the Sabbath a delight," it fixes the time of tithing even
for things the labors belonging to which are not finished yet, or it
fixes the time only for things the labors on which are finished and
not otherwise? And he answered: Sabbath fixes the time in any event.
The former said again: Why shall not Sabbath be equal to a yard which
does not fix the time for things on which the labor is not finished
yet? Let the law of Sabbath be the same? And he answered: We have an
explicit teaching that the Sabbath fixes the time for the thing in any
event. Said Mar Sutra the son of R. Na'hman: Our Mishna which states
that only on Sabbatical years it may be done so, and notin an ordinary year, must also be explained, that because the
Sabbatical year is exempt from tithe, he may do so; but in an ordinary
year it must not be done so, because the Sabbath fixes it for tithe.
When Rabbin came from Palestine he said, however, in the name of R.
Johanan, that Sabbath, Heave-offering, a Yard, and Price all do not
fix for tithe, only in things on which all the labor belonging to them
is already done. 1

Sabbath--to state that the law is not after Hillel in the following
Boraitha: If one transferred fruit from one place to another to cut it,
and Sabbath overtook him, R. Jehudah said that only Hillel prohibited
to eat it before separating tithe, but all his colleagues differ from
him.

A Yard--to state that the law is not after R. Jacob in the following
Mishna, which says that whoso passes dates through the yard, his household
may eat of them moderately, and they are free from tithe. And a Boraitha,
in addition to this Mishna, states that R. Jacob says tithe must be
separated, and R. Jose b. Jehudah frees it from tithe.

Heave-offering--to state that the law is not after R. Eliezer
in the following Mishna: Fruit of which the heave-offering was separated
before all the labors belonging to it were finished, R. Eliezer prohibits
to eat from moderately, but the sages allow this.

And Price--as we learned in the following Boraitha: Whose, bought dates
from a man of the common people in a place where the majority of gardeners
press the dates, he may eat of them moderately; and when he comes to
give tithe of them, he may separate tithe from it (but it is not necessary
to separate heave-offering). And from this Boraitha we have learned
three things: Firstly, that the price which is made does not fix for
tithe until all the labor is done; secondly, that the majority of the
common people do separate tithes; and thirdly, that if one comes to
separate tithes from fruits bought from one of the common people, from
a doubt lest the seller had not yet separated the tithe, he may separate
it even from things the labors belonging to which are not yet finished.

Footnotes

62:1 It is difficult to understand the
argument, as it is not known to us how the chopping-knife was made.
Even Tospheth remarks because we do not know what kind of a chopping-knife
it was, therefore it is not allowed to cut wood with any knife, only
with the hand.

63:1 The commentators, Rashi and Tospheth,
also the dictionaries, try to explain this term, but it remains obscure.

69:1 The law of the tithe of all
these will be explained in Tract Maasroth. The meaning of "Price" is,
that if the grain was sold before it became ripe, it does not fix it
for tithe.